By Darren Smith, Weekend Contributor
In Sharp v. Roling, the United States Court of Appeals for the Tenth Circuit granted a habeas corpus petition by a Kansas woman convicted in state court of kidnapping and felony murder. The evidence in question was what the Court determined to be an involuntary confession elicited by detectives on the promise that the defendant would not be jailed in exchange for her statements.
The significance of this ruling should establish a new practice that any offer by law enforcement that can be considered an offer of immunity from prosecution, regardless of whether formal or informal, will generate a high probability of suppression of any confession by a potential defendant.
Continue reading “Law Enforcement Investigators Need To Carefully Review Tenth Circuit Ruling On Admissibility Of Confessions After Promising Defendant Immunity During Initial Investigations” →